Four years later, Fountains of Solon rezoning issue faced with defeat at the polls

Solon Issue 98 took various incarnations, from housing for "millennials," then to "empty nesters" to "Not a Tax" to "Stop Walmart." Tom Jewell/Special to cleveland.com

SOLON, Ohio -- After several years in the making, the Fountains of Solon rezoning proposal appeared to be on its way to a double-edged defeat at the polls by early Wednesday.

With the initiative petition for rezoning 22 acres of land off Solon Road and Erico Drive requiring passage not only citywide but in "Home Ward Four" as well, an official precinct breakdown was not available at press time.

But unofficial Cuyahoga County Board of Elections results showed the measure losing citywide by a 70-30 margin, with 8,606 against over 3,704 in favor.

"As I digest the results, I want to thank the residents of Solon and our city officials for their support," landowner and prospective developer Nathan Lancry said late Tuesday.

Lancry added that he would reserve further comment for a later date, but said an earlier statement by a spokeswoman that he would consider selling the land if it was not rezoned "multi-family residential" was incorrect and made without consulting him.

The final campaign push by Lancry and his development team, seeking to build a 186-unit luxury apartment complex on land that is currently zoned commercial, truly had opponents up in arms.

One of them, Don Gallo, arrived at Solon City Council on the eve of the election with what he called an "outrageous flier" urging voters to "Stop Walmart," as well as other uses that might be deemed permissible in a commercially-zoned district -- at least in other cities.

It may never be known how many people actually voted to "stop Walmart," or for a ballot issue that earlier billed itself as not being a tax.

"Your constituents have no idea how they're being hoodwinked," Gallo told council Monday (Nov. 7), arguing that the property is still too small for a Walmart, which already has a superstore in nearby Bainbridge Township.

City officials have recommended office space on the land purchased by Lancry and his investment team for $2.35 million from University Hospitals in late 2014 -- after approaching the city prior to that with a high-end apartment concept.

The spokeswoman for Lancry said Oct. 30 that Walmart was a purely "hypothetical" scenario, as were dollar stores, fast food franchises and check-cashing operations -- the last of which Solon does not permit by code.

"Lancry and his cohorts have been trying to bully Solon voters into approving their zoning initiatives through a series of lies and devious statements like these," Gallo told council, accusing city officials of not taking a strong enough stand on the issue.

While some council members took the advice of Law Director Tom Lobe to refrain from speaking out against the proposal, Ward Four Councilman Marc Kotora has been a vocal opponent from the outset.

Kotora said Monday that he had been receiving a "plethora of phone calls" from concerned residents, adding that "this issue is not about Walmart."

Marilyn Matia also chastised city officials for what she felt was a "lack of vision" on their part, although none have ever endorsed the project.

Mark Haas, treasurer for the Issue 98 opposition group Citizens Against Rezoning Solon -- CARS -- spent much of Tuesday out at the polls, visiting three of Solon's seven precincts.

"Their whole campaign has been based on misinformation," Haas said.

Haas did point to the earlier "Vote Yes on Issue 98" signs that declared the initiative was "Not a Tax," adding "that may be one of the few things they said that was accurate."

Another city issue appeared to be on its way to renewal Tuesday, this one involving Solon safety forces, a continued half-mill in the form of Solon Issue 97, which won 66 percent to 34 percent.

The city also had a number of other zoning issues on Tuesday's ballot which were still being tabulated at press time.